CJI DY Chandrachud explains listing controversy; says Justice AS Bopanna requested release of part-heard cases since he was on medical leave

Chief Justice of India (CJI) DY Chandrachud on Thursday revealed the reason behind many cases earlier listed before Justice AS Bopanna being reassigned to a bench headed by Justice Bela Trivedi. .The CJI said that Justice Bopanna had written to the top court registry stating that he will not sit after Diwali for medical reasons and part-heard matters may be released from his bench.That is how the cases including the bail matter of Aam Aadmi Party (AAP) leader Satyendar Jain got listed before Justice Trivedi who was sitting as puisne judge with Justice Bopanna before she started heading the bench."Matter was placed before Justice AS Bopanna and Justice Trivedi and Matter on September 12, 2023 and matter was to be listed on September 25 and interim order to continue... And there on November 6 it was to be listed on November 24. Then interim bail was extended till November 23. Matter comes in November 24 before bench of Justice Trivedi and Justice Sharma and interim orders to continue. On November 4 it was listed and then it was to be listed on November 11. There was a letter from Justice Bopanna to the registry that he will not sit after Diwali for medical reasons and part heard matters may be released. justice Trivedi was part of the bench. Medical reasons were a reasons why he did not hear. A lot of letters are flung at the registry that is why I am stating all this. Justice Trivedi needs to hear this so that Mr. Jain's bail can be extended. Otherwise he has to surrender," the CJI said.The statement was in response to criticism aimed at the registry after various cases listed before Justice Bopanna got reassigned to Justice Trivedi.The CJI made this statement in open court after Senior Advocate Abhishek Manu Singhvi, who represents Jain, mentioned the matter and sought deferment of the hearing of the case listed before the bench headed by Justice Trivedi, till Justice AS Bopanna returns from leave. .Justice Trivedi in an earlier hearing of Jain's bail plea had turned down the request to adjourn the matter to January, when Justice Bopanna is expected to return to Court.Since Jain is currently on interim medical bail, Justice Trivedi had not acceded to the request. However, she had given a liberty to Jain's counsel to mention the matter before the CJI.During recent weeks, the Supreme Court has witnessed a major controversy over listing of certain cases that were earlier heard by other benches, before the bench headed by Justice Trivedi. Senior Advocate Dushyant Dave and Advocate Prashant Bhushan had separately written letters to the CJI in this regard.In response, a highly placed source in the Supreme Court and the Registry had clarified to Bar and Bench that "any attempt of bench and judge hunting will be thwarted" and that the Supreme Court "cannot be a lawyer-driven court".The Supreme Court in May this year had granted an interim medical bail to Jain, who had been behind bars since May 2022 when he was arrested by the ED.The Central Bureau of Investigation (CBI) had initially registered a case against Jain under Sections 13(2) (criminal misconduct by public servant) read with 13(e) (disproportionate assets) of the Prevention of Corruption Act, 1988 against Jain.The case was registered on the allegation that Jain had acquired movable properties in the name of various persons between 2015 and 2017 which he could not satisfactorily account for.Later, the ED also registered a case and alleged several companies beneficially owned and controlled by him received accommodation entries amounting to ₹4.81 crore from shell companies against cash transferred to Kolkata-based entry operators through a hawala route.The High Court, while denying bail, had held that Jain is an influential person and cannot be said to have satisfied the twin conditions for bail under the Prevention of Money Laundering Act (PMLA).This led to the appeal before the apex court.